Jason Young seeks third trial

[Boodles]

He's back. No surprise. He just won't let Michelle's family move forward without his incessant claims of "not fair." It's so sad. He's like Jeffrey McDonald in that he'll never go away.

http://www.wral.com/raleigh-man-con...heads-to-court-thursday-for-hearing/16764090/

http://abc11.com/news/jason-young-convicted-of-killing-wife-seeks-3rd-trial/2102526/

 

[Rivkah11]

I thought his appeals were exhausted.

 

[Boodles]

The hearing is being live streamed. Link here: http://abc11.com/23390/

 

[krkrjx]

He's back. No surprise. He just won't let Michelle's family move forward without his incessant claims of "not fair." It's so sad. He's like Jeffrey McDonald in that he'll never go away.

http://www.wral.com/raleigh-man-con...heads-to-court-thursday-for-hearing/16764090/

http://abc11.com/news/jason-young-convicted-of-killing-wife-seeks-3rd-trial/2102526/

Let's hope he's like Jeffrey MacDonald in that he never gets out!

 

[tarheellvr]

My thoughts and prayers are with Michelle's family. They more than deserve peace and closure. Many, like myself, who have followed this case continue to be touched by the ramifications JY's actions have had and continue to have on this family.

It sickens me that this murderer continues to use the court's time and taxpayers money in an attempt to keep this case active. The circumstantial evidence was overwhelming and Judge Stephens presided over trial(s) in an appropriate, proper manner. JY was convicted, sentenced, and should spend the rest of his life incarcerated for brutally murdering his wife and unborn son!

 

[Madeleine74]

The Slayer (note: this is a legal term as he was determined by NC civil statute to be 'the slayer' of his wife in 2009) is vile on every level.

That poor family of Michele's, constantly having to deal with this case. I thought the NC Supreme Court reversal of the appellate court was quite telling. They seem to hold Judge Stephens in high regard.

How could 2 of the most outstanding defense attorneys, according to their peers, one (Collins) now a superior court judge, be in this IAC position. It's bizarre.

On a side note, I didn't even recognize Linda Fisher (Michelle's mother); she lost a lot of weight since the last time she was in court. I swear she looks 20 years younger. Good for her!


Like the greasy hair & ponytail on JY? Bet he's the prettiest inmate on cell block 'c'.

 

[Madeleine74]

This will be a several months long wait for Judge Ridgeway to decide. He said he has to first get a transcript of the proceeding, then "when he has time" he'll go through all the various arguments.

 

[Just the Fax]

It was pretty obvious ,if you read the Supreme Court ruling, they completely agreed with the civil matters coming in at trial. They complimented Judge Stephens for his handling as well as his proper jury instructions to not consider the civil judgements as evidence of guilt in the criminal trial.
Thankfully, this was only 6 hours of wasted court expense.

 

[Just the Fax]

Jay asked Trinkle at the end if he could go back to his home prison for his 8PM basketball game against Blue cell bock

Trinkle then asked judge...."is he still needed in Wake County, or can he...."

 

[Boodles]

From what I gathered, the crux of his argument is that his counsel did not properly object to the civil case admission and prejudicial evidence.

"Prosecutors appealed that ruling to the North Carolina Supreme Court, which said the Court of Appeals erred in ordering a new trial but said other issues from the trial needed further review. The appeals court then kicked the case back to Wake County Superior Court for another hearing."
http://www.wral.com/jason-young-seeks-new-trial-in-wife-s-2006-death/16764090/

I don't really understand the above above quote from WRAL; it sounds like a circular argument. What "other issues" needed further review?

I have a bad feeling about this. Even Collins said today that he did not research enough to seek grounds for exclusion of the civil case information.

So, JTF, what was the SC referring to re "other issues"? I know you've followed this very closely.

 

[Just the Fax]

III. Conclusion
Thus, for the reasons set forth above, we conclude that the Court of Appeals erred by awarding defendant a new trial based upon the admission of evidence concerning defendant's response to the wrongful death and declaratory judgment action and the child custody action that were filed against him by members of Ms. Young's family. As a result, the Court of Appeals' decision should be, and hereby is, reversed, and this case should be, and hereby is, remanded to the Court of Appeals for consideration of defendant's remaining challenges to the trial court's judgment, including the issues raised by the motion for appropriate relief that defendant filed before the Court of Appeals.

http://caselaw.findlaw.com/nc-supreme-court/1711438.html

 

[Madeleine74]

Thanks for posting that, JTF!

So the 2 civil cases are essentially dead in the water?

The SC already ruled those were not improperly raised. I remember Judge Stephens gave 2 distinct limiting instructions about each of the civil cases. First when the case was coming in and the witness(es) were on the stand, then a second time during jury instructions. He spoke in depth about how the jury should treat those civil cases, how a default judgement works, and specifically mentioned that it does not prove guilt in a criminal case and the jury should not infer guilt from that. He seemed to cover it thoroughly at the time.

 

[Just the Fax]

Hopefully the Supreme Court 'Guidance' will make Judge Ridgeway's decision an easy one.....

"Having discussed how N.C.G.S. § 1149 should be construed in the course of deciding whether defendant had properly preserved the claim that he has advanced in reliance upon that statute for purposes of appellate review, we believe that we have given the lower courts sufficient guidance concerning the manner in which any remaining issues relating to N.C.G.S. § 1–149 should be decided."

 

[nuclearKitty]

Prosecutors appealed that ruling to the North Carolina Supreme Court, which said the Court of Appeals erred in ordering a new trial but said other issues from the trial needed further review. The appeals court then kicked the case back to Wake County Superior Court for another hearing.

Bryan Collins, who served as Young's public defender during the 2012 trial and is now a Superior Court judge, testified during a hearing Thursday that he unsuccessfully tried to keep the evidence of the custody and wrongful death cases out of the trial.
-------------

I hope these two things are not related. :thinking:

 

[oenophile]

I do hope he gets a new trial. This was another one of those Cummings abuse of power trials where the evidence said he didn't do it, so they had to manipulate the system to prejudice the jury. "Justice" in Wake County continues to be a joke.

 

[tarheellvr]

I do hope he gets a new trial. This was another one of those Cummings abuse of power trials where the evidence said he didn't do it, so they had to manipulate the system to prejudice the jury. "Justice" in Wake County continues to be a joke.

The evidence more than proved who killed Michelle and he's sitting in Alexander Correctional Institute. The only joke are those who still cry injustice and support this murderer.

 

[oenophile]

The evidence more than proved who killed Michelle and he's sitting in Alexander Correctional Institute. The only joke are those who still cry injustice and support this murderer.

The evidence was weak at best, which is why so many voted to acquit at the first trial. If the evidence demonstrated that he was the killer, I'd be all in favor of him sitting in prison for life. In fact the ONLY evidence that supports the "Jason did it" theory is the gas station attendant eyewitness testimony that was unreliable at best. The rest of the evidence suggests he wasn't the killer. Present some solid evidence, and probably I'd be in agreement with you. Based on what was presented at trial, no way!

 

[Just the Fax]

The video and subsequent devastating impeachment of the killer's testimony from the 1st trial sealed the deal.
The 2nd group of jurors clearly saw a lying sociopath / killer on the screen and at the defense table.

 

[Mary838]

I agree 100%! There was no actual evidence at all. I don't think he did it, but they sure didn't prove that he did. There sure seems to be a lot of these cases in that county-I live in CO and I've heard of 3!!

 

[Skittles]

"A Superior Court judge on Tuesday denied Jason Young's efforts to obtain a new trial in his wife's death more than a decade ago."

http://www.wral.com/jason-young-s-bid-for-new-trial-in-wife-s-death-denied/16914272/